Download e-book for kindle: A Matter of Dispute: Morality, Democracy, and Law by Christopher J. Peters

By Christopher J. Peters

ISBN-10: 0195387228

ISBN-13: 9780195387223

Legislation usually purports to require humans, together with executive officers, to behave in methods they believe are morally flawed or destructive. what's it approximately legislations which can justify this kind of claim?

In a question of Dispute: Morality, Democracy, and legislations, Christopher J. Peters bargains a solution to this query, person who illuminates the original allure of democratic govt, the unusual constitution of adversary adjudication, and the contested legitimacy of constitutional judicial assessment. Peters contends that legislation might be seen essentially as a tool for warding off or resolving disputes, a functionality that suggests sure center homes of authoritative felony tactics. these homes - competence and impartiality - provide democracy its virtue over other kinds of presidency. additionally they underwrite the adversary nature of common-law adjudication and the tasks and constraints of democratic judges. they usually floor a safety of constitutionalism and judicial evaluate opposed to power objections that these practices are "counter-majoritarian" and therefore nondemocratic.

This paintings canvasses basic difficulties in the varied disciplines of felony philosophy, democratic idea, philosophy of adjudication, and public-law concept and indicates a unified method of unraveling them. It additionally addresses sensible questions of legislation and govt in a manner that are supposed to entice someone attracted to the advanced and sometimes dating between morality, democracy, and the guideline of law.

Written for experts and non-specialists alike, a question of Dispute explains why each one people separately, and we all jointly, have cause to obey the legislation - why democracy really is a approach of presidency below legislation.

Show description

Read or Download A Matter of Dispute: Morality, Democracy, and Law PDF

Best democracy books

Democracy on Trial by Jean Bethke Elshtain PDF

From the 1993 Massey Lecture.

Even as Russia and the opposite former Soviet republics fight to redefine themselves in democratic phrases, our personal democracy if faltering, no longer flourishing. We confront each other as aggrieved teams instead of as unfastened voters. Cynicism, boredom, apathy, melancholy, violence-these became coin of the civic realm. they're darkish indicators of the days and a caution that democracy will not be as much as the duty of pleasant the yearnings it unleashes-yearnings for freedom, equity, and equality. during this well timed, thought-provoking publication, considered one of America's top political philosophers and public intellectuals questions no matter if democracy will end up sufficiently powerful and resilient to outlive the century. starting with a listing of our discontents, Jean Bethke Elshtain asks what has long gone incorrect and why. She attracts on examples from the United States and different components of the realm as she explores the politics of race, ethnicity, and gender identity-controversial, and crucial, political problems with our day. Insisting that there's a lot to cherish in our democratic traditions, she concludes that democracy contains an everlasting conflict among conservatism and innovative swap. Elshtain distinguishes her personal place from these of either the Left and the proper, demonstrating why she has been known as certainly one of our best and self sufficient civic thinkers. Responding to critics of democracy, old and smooth, Elshtain urges us to have the braveness of our so much actual democratic convictions. we'd like, she insists, either wish and a feeling of fact. Writing her e-book for electorate, now not specialists, Elshtain goals to open up a discussion and to maneuver us past sterile sectarian disputes. Democracy on Trial will generate broad debate and controversy.

Prospects for Democracy: North, South, East, West - download pdf or read online

The new dramatic transformation of relevant and jap Europe and the Soviet Union have intensified the perrenial debates concerning the which means and way forward for democracy. This finished review of democracy examines its nature and customers via theoretical analyses and a world-wide set of case experiences.

Download e-book for iPad: The Promise and Performance of American Democracy , Tenth by Jon R. Bond, Kevin B. Smith

Grounded in present political technological know-how learn and the most recent scholarship, THE PROMISE and function of yank DEMOCRACY, tenth version, makes use of the title's subject matter as an organizing framework, successfully attractive scholars in American politics. The "promise" of democracy is analyzed utilizing 3 middle ideas: majority rule, political freedom, and political equality.

Extra resources for A Matter of Dispute: Morality, Democracy, and Law

Example text

F. The Third Caveat: The Persistent Possibility of Morally Justified Disobedience Finally, allow me to presage here a point I will elaborate in the next chapter: Nothing in my arguments in this book will support the conclusion that legal disobedience is never morally justified. I think this would be a highly implausible position to take; it seems clear to me that disobedience to the law, even to legitimately authoritative law, sometimes will be morally justifiable. Otherwise we would not admire civilly disobedient figures like Gandhi and Martin Luther King.

Raz’s service conception is a normative account of law’s authority, but there has been relatively little interest within analytic legal philosophy in connecting the conceptual mechanics of legal authority to the normative questions of how law should be created and applied. 19 B. 20 The most interesting problems in political theory, for our purposes in this book, are those relating to whether, and how, democratic government can be justified as opposed to its alternatives, and to how democratic government should be structured in order to best fulfill its justifications.

On the Hartian view accepted by most contemporary legal positivists, a legal system is built upon a fundamental “rule of recognition” whose authority is accepted by a sufficient number of those in power. To overthrow an existing legal system is, then, to overthrow its rule of recognition; it is to shatter the previous agreement regarding the authority of that rule. The history of violent resistance and revolution in nondemocratic regimes suggests that a rule of recognition ultimately must gain some acceptance among ordinary citizens or subjects, not just among legal officials, in order to effectively support a legal system.

Download PDF sample

A Matter of Dispute: Morality, Democracy, and Law by Christopher J. Peters

by Steven

Rated 4.77 of 5 – based on 27 votes